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IN RE PIONEER INV. SERVICES CO.

Bankruptcy No. 3-89-01058, Adv. No. 91-3286.

141 B.R. 635 (1992)

In re PIONEER INVESTMENT SERVICES COMPANY a/k/a Premiere Restaurant Investment, Debtor. PIONEER INVESTMENT SERVICES COMPANY, Plaintiff, v. THE CAIN PARTNERSHIP, LTD., The General Partner of Cain, Inc., Larry E. Parrish, Geneva Cain Anderson, Helen Cain Harkins, and Jeannie B. Cain Corum Miller, Defendants, First Tennessee Bank National Association, Intervenor.

United States Bankruptcy Court, E.D. Tennessee.

June 1, 1992.

Attorney(s) appearing for the Case

Riker, Danzig, Scherer, Hyland & Perretti, Craig J. Donaldson, Morristown, N.J.

Kennerly, Montgomery & Finley, William S. Lockett, Jr., Knoxville, Tenn., for plaintiff, debtor.

Sherrard & Roe, William J. Harbison, Nashville, Tenn., for defendants The Cain Partnership, Ltd., The General Partner of Cain, Inc., Larry E. Parrish, Geneva Cain Anderson and Helen Cain Harkins.

McCampbell & Young, P.C., J. Christopher Kirk, Knoxville, Tenn., for defendant Jeannie B. Cain Corum Miller.

Heiskell, Donelson, Bearman, Adams, Williams & Kirsch, Richard B. Gossett, Chattanooga, Tenn., Nelwyn I. Rhodes, Knoxville, Tenn., for intervening plaintiff First Tenn. Bank Nat. Ass'n.

Bass, Berry & Sims, E. Bruce Foster, Jr., Knoxville, Tenn., for First Tenn. Bank Nat. Ass'n, trustee for Lillie Mae Cain Testamentary Trust.

MEMORANDUM ON DEFENDANTS' MOTIONS TO DISMISS, FOR JUDGMENTS ON THE PLEADINGS OR, ALTERNATIVELY, FOR SUMMARY JUDGMENTS, AND ON PLAINTIFF'S MOTION TO AMEND COMPLAINT

Richard S. Stair, Jr., Bankruptcy Judge.

The reorganized debtor, Pioneer Investment Services Company (Pioneer), commenced this adversary proceeding by the filing of a Complaint on November 20, 1991. By agreement, First Tennessee Bank National Association (First Tennessee) was allowed to intervene...

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